Department of Homeland Security November 2011 – Federal Register Recent Federal Regulation Documents
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Guidance on Domestic Implementation of International Standards for Oceangoing Barges Carrying Noxious Liquid Substances
The Coast Guard announces a public meeting to receive comments on new policy under consideration that would provide a domestic equivalency for international standards with respect to U.S. flagged oceangoing barges carrying noxious liquid substances (NLS).
Special Local Regulations; Orange Bowl International Youth Regatta, Biscayne Bay, Miami, FL
The Coast Guard is establishing special local regulations on the waters of Biscayne Bay in Miami, Florida during the Orange Bowl International Youth Regatta, a series of sailboat races. The Orange Bowl International Youth Regatta is scheduled to take place from Tuesday, December 27, 2011 through Friday, December 30, 2011. The regatta will be at four separate race courses. Approximately 50 to 200 participants will race on each race course. These special local regulations are necessary to provide for the safety of life on navigable waters during the regatta. The special local regulations establish four race areas, one around each race course. All persons and vessels that are not participating in the regatta are prohibited from entering, transiting through, anchoring in, or remaining within any of the race areas unless authorized by the Captain of the Port Miami or a designated representative.
Drawbridge Operation Regulations; Gulf Intracoastal Waterway (Algiers Alternate Route), Belle Chasse, LA
The Commander, Eighth Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the SR 23 bridge across the Gulf Intracoastal Waterway (Algiers Alternate Route), mile 3.8, at Belle Chasse, Plaquemines Parish, Louisiana. This deviation will test a change to the drawbridge operation schedule to determine whether a permanent change to the schedule is needed. This test deviation will allow the bridge to open only on the hour during the day from Monday through Friday, while maintaining morning and afternoon maritime restrictions.
Drawbridge Operation Regulations; Saugus River, Lynn and Revere, MA
The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the General Edwards Bridge at mile 1.7, across the Saugus River between Lynn and Revere, Massachusetts. The deviation is necessary to facilitate scheduled bridge rehabilitation. This deviation allows the bridge to open upon a 48 hour advance notice during the rehabilitation period.
Proposed Flood Elevation Determinations
Comments are requested on the proposed Base (1% annual-chance) Flood Elevations (BFEs) and proposed BFE modifications for the communities listed in the table below. The purpose of this proposed rule is to seek general information and comment regarding the proposed regulatory flood elevations for the reach described by the downstream and upstream locations in the table below. The BFEs and modified BFEs are a part of the floodplain management measures that the community is required either to adopt or to show evidence of having in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). In addition, these elevations, once finalized, will be used by insurance agents and others to calculate appropriate flood insurance premium rates for new buildings and the contents in those buildings.
Proposed Flood Elevation Determinations
Comments are requested on the proposed Base (1% annual-chance) Flood Elevations (BFEs) and proposed BFE modifications for the communities listed in the table below. The purpose of this proposed rule is to seek general information and comment regarding the proposed regulatory flood elevations for the reach described by the downstream and upstream locations in the table below. The BFEs and modified BFEs are a part of the floodplain management measures that the community is required either to adopt or to show evidence of having in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). In addition, these elevations, once finalized, will be used by insurance agents and others to calculate appropriate flood insurance premium rates for new buildings and the contents in those buildings.
Safety Zone; M/V DAVY CROCKETT, Columbia River
The U.S. Coast Guard is extending the enforcement period of a safety zone established on the waters of the Columbia River surrounding the remaining cofferdam at the M/V DAVY CROCKETT removal sight at approximate river mile 117. The original safety zone was established on January 28, 2011. The safety zone continues to be necessary to help ensure the safety of the response workers and maritime public while they conduct the removal of the cofferdam. All persons and vessels are prohibited from entering or remaining in the safety zone unless authorized by the Captain of the Port, Columbia River or his designated representative.
Immigration Benefits Business Transformation, Increment I; Correction
The Department of Homeland Security (DHS) makes technical corrections to a final rule published in the Federal Register on August 29, 2011. The final rule amended DHS regulations to enable U.S. Citizenship and Immigration Services (USCIS) to transform its business processes. The final rule also finalized seven interim rules.
Aviation Security Advisory Committee (ASAC) Meeting
The Transportation Security Administration (TSA) will hold a meeting of the Aviation Security Advisory Committee (ASAC) via telephone conference on December 15, 2011, to establish working groups and set the agenda for future activity. This meeting will be open to the public.
Flood Hazard Determinations (Including Flood Elevation Determinations)-Change in Notification and Appeal Procedures
Pursuant to the Flood Disaster Protection Act of 1973, the Federal Emergency Management Agency (FEMA), via the Federal Insurance Administrator, must publish flood elevation determinations for comment in the Federal Register. Currently, FEMA publishes base flood elevation (BFE) determinations for Flood Insurance Studies (FISs, also referred to as flood studies) as proposed and final rules, and Letters of Map Revision (LOMRs) that include changes to the technical content of a Flood Insurance Rate Map (FIRM) or FIS as interim and final rules. FEMA now plans to publish these determinations as notices rather than as rules. This new procedure will not affect the notice or appeals process for these determinations. FEMA also plans to publish other types of flood hazard determinations in the Federal Register with the opportunity for comment and appeal. These other types of flood hazard determinations include new and modified Special Flood Hazard Areas (SFHAs) and new or modified regulatory floodways.
Safety Zone; Truman-Hobbs Alteration of the Elgin Joliet & Eastern Railroad Drawbridge; Illinois River, Morris, IL
The Coast Guard is establishing a temporary safety zone on the Illinois River near Morris, Illinois. This zone is intended to restrict vessels from a portion of the Illinois River due to the Truman-Hobbs alteration of the Elgin Joliet & Eastern Railroad Drawbridge. This temporary safety zone is necessary to protect the surrounding public and vessels from the hazards associated with the removal of the Elgin Joliet & Eastern Railroad Drawbridge's old bridge piers and pier protection cells.
Drawbridge Operation Regulation; City Waterway Also Known as Thea Foss Waterway, Tacoma, WA
The Commander, Thirteenth Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the South 11th Street (``Murray Morgan'') Bridge across City Waterway also known as the Thea Foss Waterway, mile 0.6, at Tacoma, WA. The deviation is necessary to perform extensive maintenance and repair work on the bridge, including but not limited to removal and replacement of the roadway surface and the underlying steel stringer substructure as part a major bridge rehabilitation project. This deviation allows the bridge to remain in the closed position during construction activities.This deviation is effective from 8 a.m. on November 14, 2011 through 6 p.m. April 30, 2012.
Safety Zones; New Year's Eve Fireworks Displays within the Captain of the Port St. Petersburg Zone, FL
The Coast Guard is establishing four temporary safety zones during New Year's Eve fireworks displays on certain navigable waterways in Naples, St. Petersburg, Cape Coral, and Sarasota, Florida. These safety zones are necessary to protect the public from the hazards associated with launching fireworks over navigable waters of the United States. Persons and vessels are prohibited from entering, transiting through, anchoring in, or remaining within any of the four safety zones unless authorized by the Captain of the Port St. Petersburg or a designated representative.
Collection of Information Under Review by Office of Management and Budget
In compliance with the Paperwork Reduction Act of 1995 the U.S. Coast Guard is forwarding Information Collection Requests (ICRs), abstracted below, to the Office of Management and Budget (OMB), Office of Information and Regulatory Affairs (OIRA), requesting approval of revisions to the following collections of information: 1625-0067, Claims under the Oil Pollution Act of 1990; and 1625-0068, State Access to the Oil Spill Liability Trust Fund for Removal costs under the Oil Pollution Act of 1990. Our ICRs describe the information we seek to collect from the public. Review and comments by OIRA ensure we only impose paperwork burdens commensurate with our performance of duties.
Pennsylvania; Amendment No. 6 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster declaration for the Commonwealth of Pennsylvania (FEMA-4030-DR), dated September 12, 2011, and related determinations.
Virginia; Amendment No. 1 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster declaration for the Commonwealth of Virginia (FEMA-4042-DR), dated November 4, 2011, and related determinations.
Missouri; Amendment No. 4 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster declaration for State of Missouri (FEMA-4012-DR), dated August 12, 2011, and related determinations.
Vermont; Major Disaster and Related Determinations
This is a notice of the Presidential declaration of a major disaster for the State of Vermont (FEMA-4043-DR), dated November 8, 2011, and related determinations.
Virginia; Major Disaster and Related Determinations
This is a notice of the Presidential declaration of a major disaster for the Commonwealth of Virginia (FEMA-4042-DR), dated November 4, 2011, and related determinations.
New Hampshire; Emergency and Related Determinations
This is a notice of the Presidential declaration of an emergency for the State of New Hampshire (FEMA-3344-EM), dated November 1, 2011, and related determinations.
Massachusetts; Emergency and Related Determinations
This is a notice of the Presidential declaration of an emergency for the Commonwealth of Massachusetts (FEMA-3343-EM), dated November 1, 2011, and related determinations.
District of Columbia; Major Disaster and Related Determinations
This is a notice of the Presidential declaration of a major disaster for the District of Columbia (FEMA-4044-DR), dated November 8, 2011, and related determinations.
Missouri; Amendment No. 10 to Notice of a Major Disaster Declaration
This notice amends the notice of a major disaster declaration for State of Missouri (FEMA-1980-DR), dated May 9, 2011, and related determinations.
Agency Information Collection Activities: Cargo Manifest/Declaration, Stow Plan, Container Status Messages and Importer Security Filing
As part of its continuing effort to reduce paperwork and respondent burden, CBP invites the general public and other Federal agencies to comment on an information collection requirement concerning the Cargo Manifest/Declaration, Stow Plan, Container Status Messages and Importer Security Filing. This request for comment is being made pursuant to the Paperwork Reduction Act of 1995 (Pub. L. 104-13).
Final Flood Elevation Determinations
Base (1% annual-chance) Flood Elevations (BFEs) and modified BFEs are made final for the communities listed below. The BFEs and modified BFEs are the basis for the floodplain management measures that each community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).
Proposed Flood Elevation Determinations
Comments are requested on the proposed Base (1% annual-chance) Flood Elevations (BFEs) and proposed BFE modifications for the communities listed in the table below. The purpose of this proposed rule is to seek general information and comment regarding the proposed regulatory flood elevations for the reach described by the downstream and upstream locations in the table below. The BFEs and modified BFEs are a part of the floodplain management measures that the community is required either to adopt or to show evidence of having in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). In addition, these elevations, once finalized, will be used by insurance agents and others to calculate appropriate flood insurance premium rates for new buildings and the contents in those buildings.
President's National Security Telecommunications Advisory Committee
The President's National Security Telecommunications Advisory Committee (NSTAC) will meet on Thursday, December 8, 2011. The meeting will be open to the public.
Revision of Agency Information Collection Activity Under OMB Review: Secure Flight Program
This notice announces that the Transportation Security Administration (TSA) has forwarded the Information Collection Request (ICR), Office of Management and Budget (OMB) control number 1652-0046, abstracted below to OMB for review and approval of an extension of the currently approved collection under the Paperwork Reduction Act (PRA). The ICR describes the nature of the information collection and its expected burden. TSA published a Federal Register notice, with a 60-day comment period soliciting comments, of the following collection of information on August 3, 2011, 76 FR 46830. The collection involves passenger information which certain U.S. aircraft operators and foreign air carriers submit to Secure Flight for the purposes of watch list matching, identifying information of non-traveling individuals seeking access to commercial establishments beyond the screening checkpoint which airport operators will submit to Secure Flight, and a survey of certain general aviation aircraft operators who may access Secure Flight in the future.
Drawbridge Operation Regulation; Upper Mississippi River, Dubuque, IA
The Commander, Eighth Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Illinois Central Railroad Drawbridge across the Upper Mississippi River, mile 579.9, at Dubuque, Iowa. The deviation is necessary to allow the bridge owner time to perform preventive maintenance that is essential to the continued safe operation of the drawbridge. Maintenance is scheduled in the winter when there is less impact on navigation; instead of scheduling work in the summer, when river traffic increases. This deviation allows the bridge to open on signal if at least 24-hours advance notice is given.
Safety Zone; Marco Island Marriott Charity Fireworks Display, Gulf of Mexico, Marco Island, FL
The Coast Guard proposes to establish a temporary safety zone on the waters of the Gulf of Mexico in the vicinity of Marco Island Marriott Beach Resort in Marco Island, Florida during the Marco Island Marriott Charity Fireworks Display on Friday, February 17, 2012. The safety zone is necessary to protect the public from the hazards associated with launching fireworks over navigable waters of the United States. Persons and vessels would be prohibited from entering, transiting through, anchoring in, or remaining within the safety zone unless authorized by the Captain of the Port St. Petersburg or a designated representative.
Drawbridge Operation Regulation; Neuse River, New Bern, NC
The Coast Guard is removing the existing drawbridge operation regulation for the U.S. 17 bridge across Neuse River, mile 33.7 at New Bern, NC. The drawbridge was replaced with a fixed bridge in 1999. Therefore, the operating regulation pertaining to the U.S. 17 drawbridge is no longer applicable or necessary.
Drawbridge Operation Regulations; Chelsea River, Chelsea and East Boston, MA
The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the new Chelsea Street Bridge across the Chelsea River, mile 1.2, between Chelsea and East Boston, Massachusetts. The recently installed new vertical lift bridge span will undergo testing for three weeks. This deviation requires a four hour advance notice for bridge openings during the lift span test period.
Privacy Act of 1974; Department of Homeland Security/ALL-017 General Legal Records System of Records
In accordance with the Privacy Act of 1974, the Department of Homeland Security proposes to update and reissue a Department-wide system of records notice titled, ``Department of Homeland Security/ ALL017 General Legal Records System of Records.'' This system will assist attorneys in providing legal advice to the Department of Homeland Security on a wide variety of legal issues. As a result of the biennial review of this system, updates have been made to the routine uses within this notice and other administrative non-substantive changes. The subsections of the exemptions have been updated for accuracy and a new Notice of Proposed Rulemaking has been published. Until a new Final Rule is published, the Final Rule published on October 1, 2009 remains active and in place. This system will continue to be included in the Department of Homeland Security's inventory of record systems.
Agency Information Collection Activities: Submission for Review; Information Collection Request for the Department of Homeland Security (DHS), Science and Technology, Protected Repository for the Defense of Infrastructure Against Cyber Threats (PREDICT) Program
The Department of Homeland Security (DHS), Science & Technology (S&T) Directorate invites the general public to comment on data collection forms for the Protected Repository for the Defense of Infrastructure against Cyber Threats (PREDICT) program, and is a revision of a previously approved collection. The PREDICT program facilitates the accessibility of computer and network operational data for use in cyber security research and development through the establishment of distributed repositories of security-relevant network operations data, and the application procedures, protection policies, and review processes necessary to make this data available to the cyber defense research community. The forms allow the PREDICT initiative to provide a central repository, accessible through a Web-based portal (https://www.predict.org/) that catalogs current computer network operational data, provide secure access to multiple sources of data collected as a result of use and traffic on the Internet, and facilitate data flow among PREDICT participants for the purpose of developing new models, technologies and products that support effective threat assessment and increase cyber security capabilities. The PREDICT Coordinating Center (PCC) has established application procedures, protection policies, and review processes necessary to make this data available to the cyber defense research community, and PREDICT has been operational since Fall 2008. In order for a user to access PREDICT data, s/he must complete a registration form to establish a user account. The information collected is used by the DHS S&T PREDICT program to determine the authenticity and validate the requestor's stated research against the data requested. The DHS invites interested persons to comment on the following form and instructions (hereinafter ``Forms Package'') for the S&T PREDICT program. Interested persons may receive a copy of the Forms Package by contacting the DHS S&T PRA Coordinator. This notice and request for comments is required by the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35).
Criteria for Preparation and Evaluation of Radiological Emergency Response Plans and Preparedness in Support of Nuclear Power Plants, NUREG-0654/FEMA-REP-1, Supplement 4 and FEMA Radiological Emergency Preparedness Program Manual
The Federal Emergency Management Agency (FEMA) is issuing two final guidance documents: Supplement 4 (Supplement 4) to ``Criteria for Preparation and Evaluation of Radiological Emergency Response Plans and Preparedness in Support of Nuclear Power Plants,'' NUREG-0654/FEMA-REP- 1, Revision 1 (NUREG-0654), and the Radiological Emergency Preparedness Program Manual (the REP Program Manual). Supplement 4 is a joint document issued by FEMA and the Nuclear Regulatory Commission (NRC) that contains the evaluation criteria against which FEMA and the NRC measure the emergency preparedness plans of nuclear power plant owners, operators and the State, local, and Tribal jurisdictions in which they reside. The REP Program Manual is intended to be the principal source of policy and guidance for State, local, and Tribal jurisdictions. Supplement 4 revises and provides additional offsite requirements for emergency preparedness programs at the Nation's nuclear power plants, as well as requirements for backup means for alert and notification and coordination between licensees and offsite responders. The REP Program Manual consolidates many of the REP Program's operative guidance and policy documents into one location, and provides additional guidance on Supplement 4 criteria. FEMA is also providing the public comment adjudication matrix for the REP Program Manual and Supplement 4.
Collection of Information Under Review by Office of Management and Budget
In compliance with the Paperwork Reduction Act of 1995 the U.S. Coast Guard is forwarding Information Collection Requests (ICRs), abstracted below, to the Office of Management and Budget (OMB), Office of Information and Regulatory Affairs (OIRA), requesting approval of a revision to the following collections of information: 1625-0045, Adequacy Certification for Reception Facilities and Advance Notice33 CFR Part 158, 1625-0060, Vapor Control Systems for Facilities and Tank Vessels, 1625-0081, Alternate Compliance Program, 1625-0083, Operational Measures for Existing Tank Vessels Without Double Hulls and l625-0113, Crewmember Identification Documents. Our ICRs describe the information we seek to collect from the public. Review and comments by OIRA ensure we only impose paperwork burdens commensurate with our performance of duties.
Advisory Committee on Commercial Operations of Customs and Border Protection (COAC)
The Advisory Committee on Commercial Operations of Customs and Border Protection (COAC) will meet on December 7, 2011, in Washington, DC. The meeting will be open to the public. As an alternative to on- site attendance, U.S. Customs and Border Protection (CBP) will also offer a live webcast of the COAC meeting via the Internet.
Agency Information Collection Activities: Proposed Collection; Comment Request, Federal Assistance for Offsite Radiological Emergency Planning
The Federal Emergency Management Agency, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on a revision of a currently approved collection. In accordance with the Paperwork Reduction Act of 1995, this notice seeks comments concerning the Federal Emergency Management Agency's request for information from the licensee of a nuclear power plant that is needed in order form a decision as to whether or not a condition of ``decline or fail'' exists at the State and local government level in the preparation of emergency planning responses.
Agency Information Collection Activities: Proposed Collection; Comment Request, Elevation Certificate/Floodproofing Certificate
The Federal Emergency Management Agency, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on a revision of a currently approved information collection. In accordance with the Paperwork Reduction Act of 1995, this notice seeks comments concerning the Elevation Certificate and the Floodproofing Certificate for Non-Residential Structures.
Extension of Agency Information Collection Activity Under OMB Review: TSA Claims Management Program
This notice announces that the Transportation Security Administration (TSA) has forwarded the Information Collection Request (ICR), Office of Management and Budget (OMB) control number 1652-0039, abstracted below to OMB for review and approval of an extension of the currently approved collection under the Paperwork Reduction Act (PRA). The ICR describes the nature of the information collection and its expected burden. TSA published a Federal Register notice, with a 60-day comment period soliciting comments, of the following collection of information on March 25, 2011 (76 FR 16799). TSA received one comment. The collection involves the submission of information from claimants in order to thoroughly examine and resolve tort claims against the agency.
Agency Information Collection Activities: Submission for OMB Review; Comment Request, Standard Flood Hazard Determination Form
This is a correction to the previous notice that was published on October 19, 2011, 76 FR 64957. FEMA is requesting revision of OMB control number 1660-0040, FEMA Form 086-0-32 (previously FEMA Form 81- 93), Standard Flood Hazard Determination Form (SFHDF). The Federal Emergency Management Agency (FEMA) will submit the information collection abstracted below to the Office of Management and Budget for review and clearance in accordance with the requirements of the Paperwork Reduction Act of 1995. The submission will describe the nature of the information collection, the categories of respondents, the estimated burden (i.e., the time, effort and resources used by respondents to respond) and cost, and the actual data collection instruments FEMA will use.
Agency Information Collection Activities: Proposed Collection; Comment Request, Emergency Management Institute Course Evaluation Form
The Federal Emergency Management Agency, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on a proposed revision of a currently approved information collection. In accordance with the Paperwork Reduction Act of 1995, this notice seeks comments concerning the Emergency Management Institute Course Evaluation Form, which is used to evaluate the quality of course deliveries, facilities, and instructors at the Emergency Management Institute (EMI).
Notice of Revocation of Customs Broker Licenses
Pursuant to section 641 of the Tariff Act of 1930, as amended, (19 U.S.C. 1641) and Title 19 of the Code of Federal Regulations at section 111.30(d), the following Customs broker licenses are revoked without prejudice.
Notice of Revocation of Customs Broker Licenses
Notice is hereby given that pursuant to section 641 of the Tariff Act of 1930, as amended (19 U.S.C. 1641), and Title 19 of the Code of Federal Regulations at Sec. 111.30(d), the following Customs broker licenses are revoked by operation of law without prejudice.
Collection of Information Under Review by Office of Management and Budget
In compliance with the Paperwork Reduction Act of 1995 the U.S. Coast Guard is forwarding Information Collection Requests (ICRs), abstracted below, to the Office of Management and Budget (OMB), Office of Information and Regulatory Affairs (OIRA), requesting approval of a revision to the following collections of information: 1625-0037, Certificates of Compliance, Boiler/Pressure Vessel Repairs, Cargo Gear Records, and Shipping Papers, 1625-0041, Various International Agreement Pollution Prevention Certificates and Documents, and Equivalency Certificates, 1625-0042, Requirements for Lightering of Oil and Hazardous Material Cargoes, and 1625-0044, Outer Continental Shelf ActivitiesTitle 33 CFR Subchapter N. Our ICRs describe the information we seek to collect from the public. Review and comments by OIRA ensure we only impose paperwork burdens commensurate with our performance of duties.
Notice of Availability of Finding of No Significant Impact for Field Release of Insects for Biological Control of Carrizo Cane
U.S. Customs and Border Protection (CBP) is advising the public of the availability of a Finding of No Significant Impact (FONSI) for its support of U.S. Department of Agriculture (USDA) research and field release of two insects, the Arundo scale and the Arundo wasp as biological control agents for the non-native and invasive Carrizo cane in the continental United States. To reach this FONSI, CBP examined two Environmental Assessments (EAs) prepared by USDA's Animal and Plant Health Inspection Service (APHIS), performed independent analyses of those EAs, and reached its own findings. The two EAs (APHIS 2009 and 2010) are also being made available through CBP.
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